Explanatory Notes

Mental Health Act 2007

2007 CHAPTER 12

19 July 2007

Commentary

Part 1 – Amendments to Mental Health Act 1983

Chapter 7 - Restricted Patients
Section 40: Restriction orders

168.Section 40 amends section 41 of the 1983 Act to remove the power of the Crown Court to make restriction orders under section 41 for a limited period. As a result, restriction orders imposed by the Court will remain in force until they are discharged by the Secretary of State for Justice or the MHRT. The section also makes consequential changes to other provisions of the 1983 Act.